Circuit court appropriately exercised its discretion in instructing jury with a modified version of IPI Criminal No. 3.17, the accomplice witness instruction, when the alleged accomplice witness provided exculpatory testimony for Defendant. An accomp0lice witness's testimony may be treated with skepticism, whether the witness testifies for the State or for the defendant. The modified instruction given is an accurate, impartial, and nonargumentative summation of the law, and warned the jury to be cautious of witness's testimony as an accomplice, but because witness did not testify that he committed the crime with Defendant, court appropriately adjusted the wording of the instruction. (GARMAN, OVERSTREET, and CARTER, concurring; M. BURKE, A. BURKE, and NEVILLE, dissenting.)
Illinois Supreme Court
Criminal Court
Jury Instructions